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SNL2014 CHAPTER E-7.2

EMERGENCY 911 ACT

Amended:

 

CHAPTER E-7.2

AN ACT TO ESTABLISH AND IMPLEMENT A PROVINCE-WIDE 911 TELEPHONE SERVICE FOR THE REPORTING OF EMERGENCIES

(Assented to June 5, 2014)

Analysis


       
1.   Short title

       
2.   Definitions

       
3.   Labrador Inuit rights

              PART I
EMERGENCY 911 TELEPHONE SERVICE

       
4.   Emergency 911 telephone service

       
5.   Participation required

       
6.   Primary public safety answering point

       
7.   Emergency response zones to be disclosed

              PART II
CORPORATION

       
8.   Corporation established

       
9.   Application of the Corporations Act

     
10.   Objects of the corporation

     
11.   Powers of corporation

     
12.   Board of directors

     
13.   Chairperson and remuneration

     
14.   Term of office

     
15.   Chairperson

     
16.   Meetings

     
17.   Annual general meeting

     
18.   Annual report and audit

     
19.   Appointment of staff

     
20.   Agreements re: service

     
21.   Information sharing agreement

              PART III
GENERAL

     
22.   Agreement re: collection of fees

     
23.   Fees for emergency 911 telephone service

     
24.   Fund established

     
25.   Restriction on information supplied

     
26.   Exemption from liability

     
27.   Prohibitions

     
28.   Offence and penalty

     
29.   Regulations by Lieutenant-Governor in Council

     
30.   Regulations by minister

     
31.   Forms

     
32.   SNL2008 cF-11.01 Amdt.

     
33.   Commencement


Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

Short title

        1. This Act may be cited as the Emergency 911 Act .

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Definitions

        2. In this Act

             (a)  "agency" means Fire and Emergency Services-Newfoundland and Labrador , the agency established under section 3 of the Emergency Services Act;

             (b)  "automatic alarm system" means a mechanical, electrical or electronic device that transmits a telephone signal when actuated and that is designed or used

                      (i)  for the detection of an unlawful act in, or unauthorized entry into, a building, structure, facility or vehicle,

                     (ii)  for the detection of a fire or other dangerous condition in a building, structure, facility or vehicle, or

                    (iii)  to detect and produce a signal, or a warning of a medical or other emergency

                            (A)  in a place, or

                            (B)  relating to a person;

             (c)  "automatic dialing or automatic announcing device" means equipment incorporating the capability of storing or producing telephone numbers to be called, used alone or in conjunction with other equipment to convey a pre-recorded voice message to the telephone number called;

             (d)  "board" means the board of directors of the corporation;

             (e)  "civic address" means a unique number, street or road name, and municipality name given to a commercial, residential or other property;

             (f)  "corporation" means NL 911 Bureau Inc., a corporation established under section 8 ;

             (g)  "director" means a person appointed to the board of directors of the corporation under section 12 ;

             (h)  "emergency response zone" means a geographical area in the province in which an emergency service provider provides emergency services;

              (i)  "emergency service provider" means

                      (i)  the Royal Newfoundland Constabulary,

                     (ii)  the Royal Canadian Mounted Police,

                    (iii)  a fire department organized to serve an area of the province,

                    (iv)  an ambulance service organized to serve an area of the province, and

                     (v)  those other persons or services which may be designated as emergency service providers by the minister;

              (j)  "emergency 911 telephone call" means an emergency telephone call to a primary public safety answering point using the digits "911", and includes those other communications which may be determined by the minister;

             (k)  "emergency 911 telephone service" means the province-wide telephone service for the reporting of emergencies through a primary public safety answering point to a secondary public safety answering point;

              (l)  "fund" means the NL 911 Service Fund established under section 24 ;

           (m)  "minister" means the minister appointed under the Executive Council Act to administer this Act;

             (n)  "municipality" means a municipality under the Municipalities Act, 1999 , the City of Corner Brook Act , the City of Mount Pearl Act , the City of St. John's Act and, for the purpose of this Act, includes a local service district and an Inuit Community Government established in respect of an Inuit Community under the Labrador Inuit Constitution under subsection 17.3.3(b) of the Labrador Inuit Land Claims Agreement;

             (o)  "primary public safety answering point" means a communications centre that is normally the first point of reception for emergency telephone calls;

             (p)  "public safety answering point" means

                      (i)  a primary public safety answering point, and

                     (ii)  a secondary public safety answering point;

             (q)  "secondary public safety answering point" means a point of contact

                      (i)  to which emergency telephone calls are transferred from a primary public safety answering point; and

                     (ii)  which is the point of contact responsible for providing emergency services or dispatching personnel;

              (r)  "subscriber" means an end-user who is assigned a provincial telephone number and who subscribes to

                      (i)  a landline-based telephone service of a telecommunications service provider, or

                     (ii)  a wireless telephone service of a telecommunications service provider; and

             (s)  "telecommunications service provider" means a person who provides a land-line based telephone service or a wireless telephone service to a subscriber in the province.

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Labrador Inuit rights

        3. This Act and the regulations made under this Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and, where a provision of this Act or the regulations made under this Act is inconsistent or conflicts with a provision, term or condition of the Labrador Inuit Land Claims Agreement Act , the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over the provision of this Act or a regulation made under this Act.

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PART I
EMERGENCY 911 TELEPHONE SERVICE

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Emergency 911 telephone service

        4. The corporation, with the participation of municipalities, emergency service providers, public safety answering points, telecommunications service providers and providers of other relevant technologies, shall, in a reasonable and timely manner

             (a)  establish the number "911" as the primary emergency telephone number for use in the province; and

             (b)  develop, establish and operate an emergency 911 telephone service.

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Participation required

        5. Every municipality, emergency service provider and public safety answering point is required to participate with the corporation to fulfil the requirements of section 4 .

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Primary public safety answering point

        6. The Lieutenant-Governor in Council shall determine the location of a primary public safety answering point in the province and determine its boundaries.

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Emergency response zones to be disclosed

        7. (1) An emergency service provider, or where appropriate, a municipality, shall advise the corporation of its emergency response zones.

             (2)  An emergency service provider and a municipality shall immediately advise the corporation after a change to the emergency response zones referred to in subsection (1).

2014 cE-7.2 s7

PART II
CORPORATION

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Corporation established

        8. (1) A corporation entitled NL 911 Bureau Inc. is established.

             (2)  The corporation is considered to have issued and outstanding shares which are vested in the Crown.

             (3)  The corporation is not an agent of the Crown.

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Application of the Corporations Act

        9. (1) The Corporations Act , except for section 27, paragraphs 31(a) to (e), sections 32, 76, 81, 169, 172, 173, 177 and 178, subsections 184(3) and (4), section 188, subsections 189(1) and (2), paragraphs 189(3)(a), (d), (h) and (j), sections 200, 201, 203 to 209, subsections 245(1), (2) and (8), sections 273 and 275, subsections 276(1), (3), (4) and (5) and section 277, does not apply to the corporation.

             (2)  A requirement in a section referred to in subsection (1) to register or to provide information to the registrar does not apply to the corporation.

             (3)  Where there is a conflict between a provision referred to in subsection (1) and this Act, this Act prevails.

             (4)  The provisions of this Act constitute the articles of the corporation.

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Objects of the corporation

      10. (1) The objects of the corporation are to

             (a)  establish, implement and operate an emergency 911 telephone service; and

             (b)  ensure that the emergency 911 telephone service

                      (i)  protects the confidentiality and security of personal information that is collected, used, disclosed, stored or disposed of by the corporation,

                     (ii)  provides accurate and current information to primary and secondary public safety answering points,

                    (iii)  integrates data from the civic addressing system where that data is available,

                    (iv)  is efficient and cost-effective, and

                     (v)  is flexible and responsive to changing technologies.

             (2)  The corporation is a not for profit corporation and any excess revenue shall be used for the objects referred to in subsection (1).

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Powers of corporation

      11. (1) The corporation may acquire an interest in real property.

             (2)  With the approval of the Lieutenant-Governor in Council, the corporation may borrow money or pledge its assets.

             (3)  The corporation may solicit expert advice on matters of interest and concern relating to the development, establishment and operation of the emergency 911 telephone service.

             (4)  The corporation may make by-laws generally, for the conduct and management of the affairs of the corporation.

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Board of directors

      12. (1) The Lieutenant-Governor in Council shall appoint a board of directors of the corporation.

             (2)  Subject to a unanimous shareholder agreement, the board shall exercise all of the powers and discharge all of the duties of the corporation and administer and manage its business.

             (3)  The board shall consist of a maximum of 9 directors including the following persons:

             (a)  one member of the board of directors of Municipalities Newfoundland and Labrador ; and

             (b)  one representative from each primary public safety answering point.

             (4)  The director of the NL 911 Bureau Inc. shall be a director of the corporation by virtue of his or her office.

             (5)  At least one director of the board shall be a resident of Labrador .

             (6)  Where a vacancy occurs on the board because of the death, illness, resignation, removal of a member, or for another reason, the Lieutenant-Governor in Council may appoint a person to fill the vacancy.

             (7)  Exercise of the powers of the corporation is not impaired because of a vacancy on the board.

             (8)  Notwithstanding that it is afterward discovered that there was some defect in the appointment or qualification of a person purporting to be a director, all acts done by the corporation and the board shall be as valid as if that defect had not existed.

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Chairperson and remuneration

      13. (1) The Lieutenant-Governor in Council shall appoint one of the directors as chairperson and one as vice-chairperson.

             (2)  Members of the board of directors shall receive remuneration and be reimbursed for expenses in the manner that the Lieutenant-Governor in Council may establish.  

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Term of office

      14. (1) A director shall hold office for 4 years from the date his or her appointment becomes effective.

             (2)  Where the term of a director expires, he or she continues to be a director until re-appointed or replaced.

             (3)  A director whose term of office has expired is eligible for reappointment.

             (4)  A director, other than the director of the NL 911 Bureau Inc., may not serve as a director for more than 3 consecutive terms.

             (5)  Notwithstanding subsection (1), of the directors appointed to the first board under the authority of that subsection

             (a)  the majority of the directors shall be appointed for a term of 4 years; and

             (b)  the remaining directors shall be appointed for a term of 3 years.

             (6)  A director may resign the office of director by written notice to the Lieutenant-Governor in Council.

             (7)  The Lieutenant-Governor in Council may remove a director from office before the term of office of that director expires.

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Chairperson

      15. (1) The chairperson shall preside over all meetings of the board of directors.

             (2)  Where the chairperson is absent or the office of chairperson is vacant, the vice-chairperson shall act in his or her place and in the absence of the vice-chairperson or where the office of vice-chairperson is vacant the board may choose another director to act in the place of the chairperson.

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Meetings

      16. (1) A majority of the directors constitutes a quorum for meetings of the board.

             (2)  At a meeting of the board, each director shall have one vote and in the case of a tie, the chairperson or, in the absence of the chairperson, the vice-chairperson shall have a second or casting vote.

             (3)  Except where prohibited in the by-laws of the corporation, a director may, where all the directors consent, participate in a meeting of the board by means of a telephone or another telecommunication device that permits all persons participating in the meeting to communicate with each other.

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Annual general meeting

      17. (1) The corporation shall hold an annual general meeting in each calendar year at a time and place set by the corporation.

             (2)  Notice of the meeting shall be provided to the public.

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Annual report and audit

      18. (1) The board shall appoint an auditor who shall annually audit the financial statements of the corporation.

             (2)  The corporation shall submit to the minister before September 30 of each year

             (a)  a report on the activities of the corporation in the preceding financial year; and

             (b)  audited financial statements of the corporation for the preceding financial year.

             (3)  The minister shall table the report and statements referred to in subsection (2) in the House of Assembly as soon as practicable after they are received.

             (4)  Where the House of Assembly is not in session at the time the report and statements are required to be tabled under subsection (3), section 19.1 of the House of Assembly Act applies as if the report and statements were a report of an officer of the House of Assembly.

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Appointment of staff

      19. (1) The board may appoint those officers, managers, other staff and employees and retain consultants, advisors and other professional persons that it considers necessary and may fix their remuneration and terms of service in accordance with any guidelines the Lieutenant-Governor in Council may prescribe.

             (2)  A person who is appointed under this section does not, by reason only of the appointment, become an employee of the province.

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Agreements re: service

      20. (1) The corporation may enter into agreements with a person, a municipality, an emergency service provider, a public safety answering point or a telecommunications service provider in relation to the development, establishment and operation of the emergency 911 telephone service.

             (2)  An agreement entered into under subsection (1) may include provisions respecting the following:

             (a)  the civic addressing of residences, businesses and other property; and

             (b)  an arrangement, function, procedure, protocol, service or standard considered necessary for the purpose of the effective operation of the emergency 911 telephone service.

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Information sharing agreement

      21. (1) The corporation may enter into information sharing agreements and may disclose or transfer records to, and share records with the following in accordance with the agreement:

             (a)  the agency;

             (b)  emergency service providers; and

             (c)  public safety answering points.

             (2)  Section 25 applies with the necessary changes to the sharing of information under this section.

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PART III
GENERAL

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Agreement re: collection of fees

      22. (1) The corporation may enter into an agreement with a telecommunications service provider in relation to the billing, collecting and remitting of fees for the emergency 911 telephone service.

             (2)  A telecommunications service provider which enters into an agreement with the corporation under subsection (1) shall comply with the terms and conditions of the agreement.

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Fees for emergency 911 telephone service

      23. (1) A telecommunications service provider shall bill and collect from its subscribers the fee for the emergency 911 telephone service which may be prescribed by the Lieutenant-Governor in Council in the regulations and remit that fee to the corporation in accordance with this Act.

             (2)  A telecommunications service provider may retain a portion of the fees it collects for the emergency 911 telephone service as a monthly service fee.

             (3)  The portion of fees authorized to be retained by a telecommunications service provider under the authority of subsection (2) shall be

             (a)  limited to administrative costs of a telecommunications service provider for the provision of the emergency 911 telephone service; and

             (b)  detailed on a subscriber's invoice in a clear and comprehensible manner.

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Fund established

      24. (1) There is established a fund called the NL 911 Service Fund.

             (2)  The fees collected by a telecommunications service provider for the emergency 911 telephone service and remitted to the corporation shall be paid into the fund, less the portion of the fees retained by the telecommunications service provider under section 23 .

             (3)  The fund is not public money for the purpose of the Financial Administration Act.

             (4)  The corporation may use the fund for the following purposes:

             (a)  developing, establishing, operating and improving the emergency 911 telephone service;

             (b)  the operations of the corporation; and

             (c)  paying for costs associated with administering the fund.

             (5)  All interest arising from the fund shall be paid into and shall form part of the fund.

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Restriction on information supplied

      25. (1) All information supplied by a telecommunications service provider to the corporation or its directors, employees, agents or contractors or to which the corporation or its employees, agents or contractors have access in connection with the design, development, implementation, operation or maintenance of the emergency 911 telephone service shall be supplied or made accessible by the telecommunications service provider only to the extent necessary to permit the design, development, implementation, operation or maintenance of the service.

             (2)  The corporation shall take all steps reasonably necessary to maintain the information referred to in subsection (1) in confidence and to ensure that where

             (a)  employees, assigns, agents or contractors of the corporation;

             (b)  emergency service providers; and

             (c)  public safety answering points

have access to the information, that those persons maintain the information in confidence.

             (3)  The corporation shall designate the persons who may have access to the information referred to in subsection (1) and no other persons shall be permitted to have access to it.

             (4)  Emergency service providers, public safety answering points, the corporation and its employees, assigns, agents and contractors shall not use the information for any purposes other than the purposes referred to in subsection (1).

             (5)  A person referred to in subsection (1) who is employed for the purposes of this Act or the regulations shall not use his or her position for personal benefit or to benefit a person with whom he or she is associated in a financial capacity.

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Exemption from liability

      26. The province, the corporation, a person who enters into an agreement with the corporation under section 20 or an employee of any of them is not liable for any loss or damage suffered by any person by reason of anything in good faith done or omitted to be done in the provision of the emergency 911 telephone service by the province, the corporation, the person who enters into an agreement with the corporation under section 20 or the employee under the authority of this Act or the regulations.

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Prohibitions

      27. (1) A person shall not connect an automatic alarm system of any kind to the emergency 911 telephone service.

             (2)  A person shall not use an automatic dialing or automatic announcing device to dial the number "911", except where the written approval of the corporation has been obtained.

             (3)  A person shall not use or permit another person to use a telephone to place a false, frivolous or vexatious call to the number "911".

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Offence and penalty

      28. A person who contravenes or who neglects, omits, fails or refuses to observe a provision of this Act or the regulations is guilty of an offence and is liable, on summary conviction, to a fine of not less than $1,000 or to imprisonment for a term of not more than 6 months or to both a fine and imprisonment.

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Regulations by Lieutenant-Governor in Council

      29. The Lieutenant-Governor in Council may make regulations

             (a)  respecting the fee to be collected from subscribers and to be remitted to the corporation under section 23 ;

             (b)  requiring the owner or occupier of a residence, commercial or other property to post the applicable civic number;

             (c)  respecting the size, location and design of civic numbers to be posted on residences, commercial or other property;

             (d)  defining a word or expression used but not defined in this Act; and

             (e)  generally, for the purpose and administration of this Act.

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Regulations by minister

      30. (1) The minister may make regulations respecting

             (a)  communications which may be considered an emergency 911 telephone call; and

             (b)  standards in relation to

                      (i)  the performance and operation of a public safety answering point, and

                     (ii)  the training and certification of employees of a public safety answering point.

             (2)  The minister may adopt and constitute as regulations by reference

             (a)  a code, rule or standard relevant to this Act, or an official abridgment of a code, rule or standard;

             (b)  a code, rule, standard or abridgment with the exception of a specified provision;

             (c)  a specified provision of a code, rule, standard or abridgment; and

             (d)  an amendment to a code, rule, standard or abridgment made, with or without modification,

and a written document from the minister certifying that a document is a copy of a code, rule or standard adopted and constituted as regulations under this section or an official abridgment of, extract from or amendment to a code, rule or standard shall without further proof be, in the absence of evidence to the contrary, evidence of the contents of the code, rule or standard.

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Forms

      31. The corporation may establish forms for the purpose and administration of this Act and the regulations.

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SNL2008 cF-11.01 Amdt.

      32. (1) Section 2 of the Fire Protection Services Act is amended by adding immediately after paragraph (d) the following:

         (d.1)  "emergency response zone" means a geographical area in which a council provides emergency services;

             (2)  Section 4 of the Act is amended by adding immediately after subsection (4) the following:

         (4.1)  Where a council establishes, operates and maintains a fire department but is unwilling or unable to comply with section 7 of the Emergency 911 Act respecting the disclosure of emergency response zones for which it provides emergency services, the fire commissioner may determine those emergency response zones and notify the council, in writing, of his or her decision, and the council shall only provide emergency services in those zones.

         (4.2)  A council aggrieved of a decision of the fire commissioner under this section may apply to the minister for a review of that decision, and the minister may amend, confirm or revoke the decision.

         (4.3)  A decision of the minister under subsection (4.2) is final.

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Commencement

      33. This Act, or a section, subsection, paragraph or subparagraph of this Act, comes into force on a day or days to be proclaimed by the Lieutenant-Governor in Council. (In force - Jan. 30/15)

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